Finance (No. 2) Bill (Fifth sitting)

Joshua Reynolds Excerpts

Tuesday 3rd February 2026 Public Bill Committees

We support the principle of stamping vapes, but the Government must ensure that we have a workable, affordable and effective scheme that deals with illicit activity and fraud without making compliance too costly. We will continue to hold the Government to account on achieving that balance and, hopefully, moving towards a fully digital system.

[Mr Joshua Reynolds (Maidenhead) (LD)]

It is a pleasure to serve under your chairship, Sir Roger. I welcome the Economic Secretary to the Treasury back from her visit to China, which I am sure was slightly more exciting than the Thursday we had in Committee in her absence—although obviously we will never be short on excitement.

Duty stamps are proven anti-illicit trading measures. Digital tracking can enable supply chain monitoring, support enforcement and ensure that black market products are easier to identify, which makes it easier for trading standards officers and consumers to catch illegal products. However, as we have seen with duty stamps on spirits, there is significant counterfeiting within the market, so it would be interesting to hear what the Minister and the Government have learned from duty stamps on spirits that they have been able to apply to duty stamps on vaping products.

It is interesting to see, in clause 118, the potential cost that will be associated with these duty stamps. We have already debated the additional duty that would be applied to vapes and the closing of the gap between the price of vape liquid and the price of cigarettes in our discussion on previous clauses. How much further does the Minister think that gap will close?

Additionally, on duty stamps and being able to track sales from a specific product or potentially even from specific stores, many people in this House and among the wider public believe that quite a lot of vaping shops have links with money laundering scams. Does the Treasury have an understanding of how tracking could be used to compare the money going through on the duty stamps with the store data to see if any money laundering is going on? That may be able to help trading standards in future.

[Lucy Rigby]

I am grateful to the shadow Exchequer Secretary, the hon. Member for North West Norfolk, and the Liberal Democrat spokesperson, the hon. Member for Maidenhead, for their comments. I think we are all aiming for the same thing: a robust and tight enforcement of all the measures. On the shadow Exchequer Secretary’s point about moving towards a purely digital system, the reality is that that would be harder for consumers and for trading standards officers to use on shop floors, and consultation responses highlighted that it could impose greater burdens on small retailers than a visible stamp.

The scheme is designed to have a physical label with embedded digital features, and that two-factor design is central to the compliance strategy. A visible, secure stamp gives retailers, consumers and enforcement officers an immediate way to spot non-compliant products at a glance, without the need for specialist equipment. As I said, however, the digital element is very important; it is similar to a secure QR code, allowing stamps and products to be scanned and verified in real time. That two-factor design is central to the compliance strategy.

On the question of fees, they have been set to cover the cost of operating the scheme. The Government conducted a competitive tender process for the broader scheme. The shadow Exchequer Secretary is absolutely right that HMRC has promised clear guidance in this area, and that will be published in due course.

The Liberal Democrat spokesperson fairly raised a comparison with alcohol duty stamps. HMRC consulted the alcohol industry and enforcement authorities and determined that alcohol duty stamps now play a minimal role in tackling alcohol duty evasion and that more effective controls now exist. HMRC is introducing duty stamps alongside the vaping products duty because of the distinct and significant non-compliance risk associated with the vaping market; it is about the utilisation of modern technology and digitalisation to support the delivery of the vaping products duty. I hope I have explained to him that we have examined the alcohol duty comparison and do not see a direct read across.

The Liberal Democrat spokesperson also raised an important point about money laundering and anti-money laundering, which the Government take extremely seriously—in fact, we are reforming the supervisory function and compliance on AML.

Question put and agreed to.

Clause 117 accordingly ordered to stand part of the Bill.

Clauses 118 to 120 ordered to stand part of the Bill.

Clause 121

Forfeiture

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

The provisions in clauses 121 to 125 give HMRC significant powers over forfeiture and civil penalties. The aim is obviously to deter illegal activity and maintain the integrity of the new vaping duty regime. As I said in the debate on an earlier group, the challenge is to ensure that that is done in a proportionate way, tackling the illicit market without penalising legitimate businesses seeking to comply. I welcome the Minister’s response to the various points I have made.

[Mr Reynolds]

I have few points to make about clause 122, which refers to a

“person who sells…unstamped vaping products”.

I would be grateful if the Minister could confirm whether that person is the shop owner, the shop manager or the shop worker who is physically behind the till on that day. Could an 18-year-old shop assistant be charged the £10,000 fine? The phrase “a person” needs a definition. If that person leaves the business in which they serve, will the fine stay with the individual, or will it be on the business? Could somebody get around this clause by closing down their limited company and opening a new one tomorrow, so the offence would then be their first?

[Lucy Rigby]

The comments of the shadow Exchequer Secretary, the hon. Member for North West Norfolk, refer to the deliberately tough nature of the enforcement regime; there is a real emphasis on deterrence, and there are penalties that apply. It includes the forfeiture powers, which are targeted at serious non-compliance. Where retailers are found selling unstamped products outside duty suspense or breaching key obligations under the scheme, HMRC and Border Force will have the power to seize associated vaping products, including legitimate duty-paid stock. As I said, that is part of a deliberately tough enforcement regime and is a strong deterrent aimed at those who choose to mix illegal products with legitimate ones on the same premises. I am sure we all understand that without such powers, rogue traders can treat penalties as simply a cost of doing business while continuing to profit from illicit trade, and I am sure we all want to avoid that.

The shadow Exchequer Secretary made a number of points about ensuring that the use of powers is proportionate. Given the judicial or criminal processes associated with the use of these powers, it is entirely fair to say that all the usual processes around charging, in a criminal sense or otherwise, will apply. Inherent within those processes are balance and fairness, including taking into account the rights of the accused.

It is good to mention the draft guidance, which will be shared with HMRC-run industry groups well ahead of the go-live date on 1 April, which I hope is sufficiently specific for the shadow Exchequer Secretary. He will be pleased to know—he may already know—that the interim guidance is already on gov.uk, if he is stuck for things to do this evening. I think I am right in saying that the points raised by the Liberal Democrat spokesperson, the hon. Member for Maidenhead, as to liability under these offences will be made explicitly clear in the guidance, such that there is no doubt in those circumstances.

Question put and agreed to.

Clause 121 accordingly ordered to stand part of the Bill.

Clauses 122 to 125 ordered to stand part of the Bill.

Clause 126

Dealing in duty stamps

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Mr Reynolds]

The £50,000 threshold imposed as part of schedule 16 is incredibly low. It catches small construction firms importing tonnes of cement or steel, materials that could be consumed in one single medium-sized building project. The businesses importing such volumes will lack the resource of dedicated compliance teams and environmental consultants for quarterly emission verification. Meanwhile, large industrial importers, responsible for the vast majority of imported carbon emissions, face identical per unit compliance obligations, giving them a competitive advantage through their economies of scale.

CBAM introduces entirely new foreign concepts to normal commercial activities, such as calculating the emissions across international supply chains, determining whether carbon prices were paid in origin countries and applying complex fee allocation formulas. A family-run metalworking shop that has successfully filed VAT for 20 years must suddenly become an expert in lifetime emission methodologies and international carbon-pricing verifications. I do not believe that the Government have published any analysis comparing the £50,000 threshold to alternatives such £100,000 or £250,000 thresholds. I am interested to hear from the Minister what verification and changes have been made, and what assessment has been made of the compliance costs for various businesses.

Schedule 16 also introduces a £500 fixed penalty plus a £40 daily charge for failure to notify a change of circumstances, and a £500 penalty for record-keeping failures. While paragraph 40 of schedule 16 includes a reasonable excuse defence, HMRC interprets that quite narrowly as applying to circumstances such as illness, postal strikes or computer failures. The idea that the system or methodology was confusing or, “My supplier could not provide the data,” typically do not fall within the reasonable excuse defence.

The problem here is timings: the comprehensive penalties for CBAM take effect on 1 January 2027, so businesses navigating entirely unprecedented requirements are going to have a challenge. I note that the EU’s CBAM began with a transitional reporting period before enforcement ramped up, whereas the UK’s has no such mechanism.

These are not familiar tax concepts for lots of businesses. They involve new software, new tracking and international verification. These things have not been done in British business before, and I believe that small importers will face penalties while genuinely trying to comply with the regulations. The Liberal Democrats are not against the concept of a CBAM, but we take issue with the way that it has been put together.

Has the Minister considered a 12-month transitional period during which full penalties for deliberate avoidance are maintained but an allowance is given for honest compliance?

[James Wild]

I share the hon. Member’s concerns about the £50,000 threshold. Has he considered what might be a more appropriate level, in order to reduce the impact on smaller producers?

[Mr Reynolds]

The EU, for its CBAM, has not set a specific number in that way; it has set a number of tonnes of product. I would be interested to hear from the Government what work has been done to analyse the different impacts of £50,000, £100,000 and £250,000. The Treasury must have done some work on this, but I could not see any. We need the answer to that in order to find out where we stand.

Let me finish by saying that a transitional period may be quite beneficial. It would make sure that we are not setting our small and medium-sized enterprises up to fail and penalising them when they try to do the right thing but unfortunately, because of the complications in the system, they are unable to.

[Lucy Rigby]

The shadow Exchequer Secretary’s points about the criminal offences are similar to some of the points that were raised earlier in relation to other criminal offences set out in the Bill. I made the point in relation to those other offences, and I make it again here, about the standards that the CPS, or indeed any other prosecutorial authority, has to meet in satisfying both the evidential test and the public interest test. I am not sure that I need to take up the invitation to liaise with the Law Officers in that regard.

Questions were fairly raised about proportionality and the burden on businesses. The UK CBAM will operate like a conventional tax, in order to simplify the administrative and compliance burden for those who need to comply without, we think, undermining the environmental integrity of CBAM. However, the Government recognise that alignment with existing regimes—the Liberal Democrat spokesperson, the hon. Member for Maidenhead, referred to the EU CBAM and, indeed, to the ETS—can reduce administrative burdens, so where possible we will align with and build upon existing methodologies for calculating embodied emissions, as well as rules for monitoring reporting and verification under the ETS.

As hon. Members know, CBAM is not expected to have significant macroeconomic impacts or a significant impact on prices for individuals, households and families. CBAM imports make up only around 1% of average UK industry input costs. Therefore, as the Exchequer Secretary said, the Government do not expect CBAM to have a material impact on food prices, and the impact on farmers would be modest.

On the Liberal Democrat spokesperson’s point about thresholds, the threshold will retain over 99% of CBAM imports while removing 80% of otherwise registrable businesses, and over 70% of those removed from CBAM altogether by the threshold will be micro, small and medium-sized businesses.

Question put and agreed to.

Clause 148 accordingly ordered to stand part of the Bill.

Schedule 16 agreed to.

Clause 149 ordered to stand part of the Bill.

Schedule 17 agreed to.

Clause 150

Supplementary amendments

Question proposed, That the clause stand part of the Bill.